When you are convicted of a felony in Arizona, some of your civil liberties will be suspended. You will lose your right to vote, the right to hold public office, the right to serve as a juror, and, yes, the right to possess a gun. A felony conviction may also prevent a person from obtaining...Read more »
As a question of criminal justice philosophy, your point is well taken. Many legal scholars argue that the massive disparities between what a criminal defendant would be sentenced to if he pled guilty to an offense versus if he went to trial create a constitutional problem. My former criminal law...Read more »
The Arizona law that criminalizes possession of marijuana in Arizona is A.R.S. 13-3405. If you are charged with simple possession of marijuana it can be either a class 6 or up to a class 4 felony depending on the amount of marijuana that you possessed. For example, anything less than 2 pounds is...Read more »
At an Early Disposition Court session, you as a defendant will be arraigned, and a plea agreement will be offered by the County Attorney. If you accept the plea agreement, sentencing will occur that day or at an EDC session. If you do not accept the offered plea agreement, you will be allowed time...Read more »
Definitely not the way this works. He will continue to be treated as a juvenile after his 18th birthday because the offenses occurred while he was legally a juvenile. He will, however, have to face the full consequences regardless of being considered an adult.
I was arrested and charged with failure to identify and written a warning for hitchhiking. Hitchhiking is legal in Arizona as the prosecutor found out during my pretrial conference. The charge was subsequently dismissed with prejudice. The prosecutor informed me she did not have the authority to... Read more »
It is very nearly impossible to have an arrest record sealed in Arizona. You have to actually prove complete innocence / wrongful arrest. The hitchhiking may have been lawful, but merely having the failure to identify charge dropped does not mean you have a strong case to have the arrest record...Read more »
A half dozen cars were turning left into the mall. One took aim at the front of my truck and kept smashing through until her entire side was damaged, instead of stopping on impact. Two teen girls were watching. My truck was not drive-able. She pulled over 200 feet into the mall lot and never got... Read more »
There is no legal mechanism for an individual to initiate criminal charges. In this sense, there is no such thing as "pressing charges." A victim may only agree to cooperate with the law enforcement agency. For charges to be initiated you would have to convince the police to file a report and...Read more »
I was convicted of theft and tariffing I was given 2 case 6 felonies,18 month probation, and 900.00 fine. At the time I should have been offered a PRETIAL FELONY DIVERSION PROGROM. I qualify for the requirements. My question is do I have a chance at another hearing, what step do I take to get this... Read more »
It is ultimately up to the prosecuting agency to determine what type of plea offer to grant to a defendant. This is a matter of policy by the prosecutor's office. Arizona courts have long held that "[c]riminal defendants have no constitutional right to a plea agreement and the State is not...Read more »
My brother is being extradited back to Maricopa County from New Mexico. He has 10 counts of sexual exploitation of a minor for possession of internet porn. He was told by a defense lawyer found on the internet that it would be over $30,000 to defend him. He has no means. He has lost his job and is... Read more »
• What is your day to day as a criminal defense attorney?
A defense attorney's day includes going to court (usually in mornings, unless there is a hearing or trial scheduled for the afternoon), talking with clients, conducting research on a case, and writing motions.
Whether a defendant should plead guilty to a charge depends upon a variety of factors. First, a defendant can only plead guilty if they are able to lay a factual basis for the plea. In other words, the defendant needs to be guilty of the charges and admit in court the underlying facts that would...Read more »
He spit in my face aggressively took my cell, I (admit) threw a small wood sign at wall, he then punched me in my mouth..my mouth bloody, (I was 5 months pregnant)I then called 911on home phone he disconnected phone line, State is pressing charges on me??? I cant afford a lawyer. Been with this man... Read more »
If you were charged with misdemeanor assault - DV, you are not entitled to a public defender because there is no jail time associated with the charges. There are agencies in Maricopa County whose mission is to assist women in leaving abusive relationships. Please seek the help of one of these...Read more »
In Arizona, any criminal case--whether it is a misdemeanor or a felony--may be dismissed either with or without prejudice. What do these terms mean? Dismissal without prejudice means that the case is dismissed for the time being, but the state may refile the charges at a later time. You will...Read more »
I am going to venture a guess that you are charged with a misdemeanor and the prosecutor is not seeking jail time. Under those circumstances, the courts have found that you do not have a constitutional right to counsel because your liberty is not at risk.
Allegedly, an undercover officer pulled me over after running my info and seeing that I supposedly had a suspended license. So, he told me that the car would have to be towed and asked if there was anything in the car. Allegedly, I admitted to drug paraphernalia being in there. As they searched,... Read more »
This is a situation where you will definitely want to talk to me about the specifics of your case, or your friend’s case. Usually there is enough reason to search the case based on you admitting to there being drugs/paraphernalia in the car but this can get much more complex than a simple yes or...Read more »
Yes a criminal defendant has a right to a lawyer at all stages of their case, including an evidentiary hearing. There are very few reason where you wouldn’t have a lawyer and I would be more than happy to discuss it with you. Feel free to reach out for a free consultation 602-900-6642.
There are a few different charges that could involve providing false information so it would be best to contact me directly for a free consultation 602-900-6642. If it’s a misdemeanor then there’s going to be less of a punishment than a felony. However, everyone’s case is a little different...Read more »
I agree that this is a very weak reason to be pulled over and isn’t the typically traffic violation that allows a the police to conduct a traffic stop. However, someone can still tresspass while in a vehicle so I would need to know more about what actually happened. Feel free to reach out for a...Read more »
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